If you’ve been injured in an accident in New Bedford, MA, caused by someone else’s recklessness, you may need to draft a convincing demand letter to the defendant’s insurance company in order to receive compensation for your injuries.
In your demand letter, you will include:
- The nature of your injuries.
- Why the other party is at fault
- Your medical expenses and what your treatment was
- Your lost wages
- Any other damages you suffered
Your letter should conclude with a demand that the insurance company pay you a certain amount in compensation.
How to Write a Convincing Demand Letter
There are a few elements that you should emphasize in your demand letter. It’s always a good idea to keep a record of everything starting from details of the day of the accident up to the point where you finally reach maximum medical improvement.
Include details about your accident such as photos of the accident scene and pictures of your injuries. You should also have details about how your injuries have caused you pain, disrupted your life, required medical care, caused you discomfort and inconvenienced you. If you have all these details, then your demand letter should touch on the following elements:
How did the accident happen and why do you think the other person was at fault? Did they run a red light? This part of your letter should be short and simple. Explain where you were and what you were doing right before the accident and then include details about how the accident happened.
You should include any evidence that you have to back up your claims. This could be anything from eyewitness reports and photos to a police report.
One of the most important details that the insurance adjuster will want to know is what role you played in causing the accident. Do not admit that you were at fault even if you somehow feel you were partly at fault. It is not your job to make comparative negligence arguments for the insurance company.
Your Injuries and Treatment
Clearly describe how your injuries have affected your life. Have they disfigured or disabled you? Have they made you earn less than what you used to? Have they inconvenienced you or made you unable to perform activities that you used to before? Are you in constant pain?
Try as much as possible to use the most appropriate medical terms whenever possible. You should also avoid exaggerating your injuries.
Write down a list of every medical provider who treated you and how much they charged you. Again, don’t inflate the costs.
Include how much time you missed away from work because of your injuries and how much you would have made had you gone to work. Attach a letter from your employer verifying this information. If you run your own business or are self-employed, clearly explain how you calculated your lost wages.
Mention how much pain you are in or if you are going through any emotional difficulties due to your injuries. You should also mention any other unusual discomforts that you felt.
Your Settlement Demand Figure
In the last paragraph of your demand letter, you should quote a figure that is higher than what you think your claim is worth. As a rule of thumb, your figure should be 75-100% higher than what you would be satisfied with. This will give you some room to negotiate with the adjuster.
Attach Documents to Support your Claim
Don’t forget to attach all the documents that back up your claim. This includes copies of medical bills, police reports, etc. Keep the original documents.
Get Help Writing a Convincing Demand Letter
Your demand letter needs to be well written. You can Google convincing demand letter samples but you need to tailor them to the specifics of your accident. If you have recently been in an accident in New Bedford and you feel you need someone to help you with your demand letter or to evaluate your case, you can call Kevin P Landry Law offices at any time to schedule a free initial consultation by dialing 508-999-0800. Alternatively, you can visit our New Bedford offices or we can come to you upon request.